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Proving negligence and damages after a sc motorcycle accident

Proving negligence and damages after a sc motorcycle accident
Axelrod & Associates, P.A.

Two important facts about motorcycles:

  • There are far fewer of them on the roads than cars and trucks, and drivers are significantly more likely to fail to see them, pull out in front of them, fail to yield the right-of-way or plow into the side of them without even braking.
  • Motorcycles don’t offer the same protection as other vehicles, and riders are more likely to be seriously injured in an accident than someone in a car or truck – 98 percent of motorcyclists involved in multiple-vehicle accidents are injured.

Together, these facts mean that motorcyclists are vulnerable to catastrophic injuries.

Severe injuries following a motorcycle accident can lead to out-of-control medical costs, the inability to work, psychological trauma, and long-term pain and suffering.

These injuries are often the result of another driver’s negligence – in fact, in multiple-vehicle crashes, the driver of the other (non-motorcycle) vehicle violates the motorcyclist’s right-of-waytwo-thirds of the time.


If you’ve been injured in a motorcycle accident, your SC personal injury attorney can help you recover damages from the at-fault driver or their insurance company so you can get the care you need now and in the future.

Exactly what evidence your attorney gathers will depend on the accident – how badly you were hurt, what kind of medical care you will need and for how long, and what other kinds of injuries – such as emotional trauma – you have suffered.

Some kinds of evidence are crucial to any motorcycle accident case, and often you or others at the scene can collect evidence that will strengthen your case within minutes of the crash.

Proving Liability After a Motorcycle Crash in SC

Things you can do to gather evidence at the scene, assuming you are physically able and you don’t interfere with emergency personnel, include:

  • Photograph the damage and final resting position of your motorcycle. Take photos of your bike from several angles.
  • Take photos of any injuries you suffered in the accident. Also take photos of any damage to your clothing, helmet, or other gear.
  • Get photographs of other vehicles and the scene of the accident. Try to get some pictures before any vehicles are moved. Be sure to snapshots of any skid marks or poor road conditions at the scene.
  • Talk to any witnesses, ask them what they saw, and collect their contact information.
  • Talk to the responding law enforcement officers to ensure that they collect accurate information for their report.

Call your SC personal injury lawyer immediately – they will begin gathering other evidence to build your case, which may include:

  • Any video – such as surveillance footage – that may have captured the accident;
  • Toxicology reports to determine if the other driver was intoxicated;
  • The at-fault driver’s cell phone records to determine if they were distracted by text messages, emails, or phone calls;
  • The police report and photographs of the scene; and
  • The services of an accident reconstructionist to determine exactly how the accident happened.

Proving Damages After a Motorcycle Accident in SC

There are different “categories” of damages you can recover if you’ve been injured in a motorcycle accident:

Compensatory damages, also known as “actual damages,” are meant to compensate you for any money or property you have lost because of the accident.

Your actual damages may include economic damages like medical costs, future medical costs, lost wages, and property damage. Damages may also include non-economic damages like impairment of mental or physical capacity, pain and suffering, and emotional distress.

Punitive damages are not meant to compensate you for something you lost in the accident – they are intended topunishthe at-fault driver if the jury determines they were guilty ofgrossnegligenceor evenwillful or intentionalconduct.


YourMyrtle Beach motorcycle accident attorneyat Axelrod and Associates will help you to collect the evidence that you will need to establish both liability and the amount of your damages.

Call aMyrtle Beach personal injury lawyeron the Axelrod team today at843-916-9300orfill out our contact formto set up a free initial consultation about your case.

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